Mind the Gap: Analyzing the Legal Framework for Chemical Accident Prevention

Vollständiger Abstract

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The increased use of highly hazardous chemicals poses significant risks to public and environmental health. Historical incidents, such as the Flixborough explosion in 1974 and the Bhopal disaster in 1984, highlight the lethal consequences of chemical accidents. The Process Safety Management standard, published in 1992, aimed to prevent accidental releases of hazardous chemicals via comprehensive requirements for hazard management. The U.S. Environmental Protection Agency implemented the Risk Management Program rule to protect public health and the environment by requiring facilities to take proactive measures to manage chemical hazards and prepare for potential incidents. The Chemical Facility Anti-Terrorism Standards (CFATS) program, established by the U.S. Department of Homeland Security, aims to enhance the security of high-risk chemical facilities. Although its statutory authority expired in July 2023, CFATS remains an interim rule. The regulatory frameworks for these three standards are critical for ensuring chemical safety and security. Despite these efforts, gaps and overlaps between the programs necessitate ongoing evaluation and improvement, particularly regarding safer technologies and clarified risk assessment practices. Enhanced interagency coordination, partner engagement, and adoption of best practices are essential to advancing chemical safety and mitigating risks associated with the use of hazardous chemicals. This article provides an overview of key U.S. chemical safety and security regulations designed to prevent hazardous chemical incidents and protect public health, the environment, and critical infrastructure. It also highlights opportunities to strengthen these programs through improved coordination, risk management practices, and adoption of safer technologies.